Terms of Use

Dreamtown Kids® is a registered trademark of Dreamtown Kids LLC.

Welcome to the Dreamtown Kids Website (“Site”). Please review the following basic rules that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your agreement to follow and be bound by those rules.

General

We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time. For this reason, we encourage you to review these terms and conditions each time you use this Website.

The dreamtownkids.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Dreamtown Kid’s goods and services and/or to otherwise transact business with or contact Dreamtown Kids, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Dreamtown Kids expressly prohibits third parties from opting out of Dreamtown Kids services and/or contacts on behalf of a Dreamtown Kids customer or other person or entity, without both (a) Dreamtown Kids full knowledge as to the surrogate action being taken and (b) Dreamtown Kids express permission. This prohibition is intended to protect the privacy and freedom of Dreamtown Kids customers and the personal relationship Dreamtown Kids works to develop with its customers and others authorized to use its site.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Dreamtown Kids LLC. (“Dreamtown Kids”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Dreamtown Kids LLC. DREAMTOWN KIDS and all other Dreamtown Kids trademarks appearing at this Site are trademarks of Dreamtown Kids LLC.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

You may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Dreamtown Kids.

Notice of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Websites or Apps has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

identification of the claimed infringing material and information reasonably sufficient to permit Dreamtown Kids to locate the material on our websites and apps;

information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

your physical or electronic signature;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Dreamtown Kids on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Dreamtown Kids property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Dreamtown Kids of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Dreamtown Kids will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Dreamtown Kids is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Dreamtown Kids may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

Dreamtown Kids Communications To You

You agree that Dreamtown Kids may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Dreamtown Kids products or services, or for such other purpose(s) as Dreamtown Kids deems appropriate.

Product Information

Dreamtown Kids products displayed at the Site are available for purchase while supplies last. The prices displayed at the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Links To Other Websites And Services

To the extent that this Site contains links to outside services and resources, the availability and content of which Dreamtown Kids does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT DREAMTOWN KIDS LLC. (DREAMTOWN KIDS) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Indemnification

You agree to defend, indemnify and hold Dreamtown Kids harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Dreamtown Kids products and services available in the United States and select foreign markets.

This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Texas.

Termination

This Agreement is effective unless and until terminated by either you or Dreamtown Kids. You may terminate this Agreement at any time. Dreamtown Kids also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Dreamtown Kids sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Dreamtown Kids, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

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